[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5017-S5019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2724. Mr. PETERS (for himself and Mr. Romney) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SECTION 1095. GOVERNMENT SPENDING OVERSIGHT.

       (a) In General.--Section 424 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(f) Government Spending Oversight Committee.--
       ``(1) Definitions.-- In this subsection:
       ``(A) Agency.--The term `agency' has the meaning given the 
     term in section 551 of this title.
       ``(B) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(i) the Committees on Appropriations of the Senate and 
     the House of Representatives;
       ``(ii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(iii) the Committee on Oversight and Accountability of 
     the House of Representatives; and
       ``(iv) any other relevant congressional committee of 
     jurisdiction.
       ``(C) Chairperson.--The term `Chairperson' means the 
     Chairperson of the Committee.
       ``(D) Committee.--The term `Committee' means the Government 
     Spending Oversight Committee established under paragraph (2).
       ``(E) Covered funds.--The term `covered funds' means--
       ``(i) any funds, including loans, that are made available 
     in any form to any non-Federal entity or individual, under--

       ``(I) division A or B of the CARES Act (Public Law 116-
     136);
       ``(II) the Coronavirus Preparedness and Response 
     Supplemental Appropriations Act, 2020 (Public Law 116-123);
       ``(III) the Families First Coronavirus Response Act (Public 
     Law 116-127);
       ``(IV) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139);
       ``(V) division M or N of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260);
       ``(VI) the American Rescue Plan Act of 2021 (Public Law 
     117-2);
       ``(VII) any loan guaranteed or made by the Small Business 
     Administration, including any direct loan or guarantee of a 
     trust certificate, under the Small Business Act (15 U.S.C. 
     631 et seq.), the Small Business Investment Act of 1958 (15 
     U.S.C. 661 et seq.), or any other provision of law;
       ``(VIII) unemployment compensation, as defined in section 
     85 of the Internal Revenue Code of 1986;
       ``(IX) the Infrastructure Investment and Jobs Act (Public 
     Law 117-58);
       ``(X) Public Law 117-169 (commonly known as the `Inflation 
     Reduction Act');
       ``(XI) the Honoring our PACT Act of 2022 (Public Law 117-
     168); or
       ``(XII) the CHIPS Act of 2022 (division A of Public Law 
     117-167 (commonly known as the `CHIPS and Science Act of 
     2022'));

       ``(ii) any Federal grant of not less than $50,000; and
       ``(iii) any intramural payment made Government wide for 
     research activity.
       ``(2) Establishment.--There is established within the 
     Council the Government Spending Oversight Committee to 
     promote transparency and conduct and support oversight of 
     covered funds to--
       ``(A) prevent and detect fraud, waste, abuse, and 
     mismanagement; and
       ``(B) mitigate major risks that cut across programs and 
     agency boundaries.
       ``(3) Chairperson.--The Chairperson of the Committee--
       ``(A) shall be selected by the Chairperson of the Council 
     from among Inspectors General appointed by the President and 
     confirmed by the Senate; and
       ``(B) should have experience managing oversight of large 
     organizations and expenditures.
       ``(4) Membership.--The members of the Committee shall 
     include--
       ``(A) the Chairperson;
       ``(B) the Inspector General of the Department of Labor;
       ``(C) the Inspector General of the Department of Health and 
     Human Services;
       ``(D) the Inspector General of the Small Business 
     Administration;
       ``(E) the Inspector General of the Department of the 
     Treasury;
       ``(F) the Inspector General of the Department of 
     Transportation;
       ``(G) the Treasury Inspector General for Tax 
     Administration;
       ``(H) the Inspector General of the Department of Veterans 
     Affairs;
       ``(I) the Inspector General of the Department of Commerce;
       ``(J) the Inspector General of the Department of Justice;
       ``(K) the Inspector General of the Department of Defense;
       ``(L) the Inspector General of the Department of Education;
       ``(M) the Inspector General of the Department of Homeland 
     Security; and
       ``(N) any other Inspector General, as designated by the 
     Chairperson, from any agency that expends or obligates 
     covered funds.
       ``(5) Executive director.--
       ``(A) In general.--There shall be an Executive Director of 
     the Committee.
       ``(B) Appointment; qualifications.--The Executive Director 
     of the Committee shall--
       ``(i) be appointed by the Chairperson, in consultation with 
     the majority leader of the Senate, the Speaker of the House 
     of Representatives, the minority leader of the Senate, and 
     the minority leader of the House of Representatives;
       ``(ii) have demonstrated ability in accounting, auditing, 
     financial analysis, law, management analysis, public 
     administration, or investigations;
       ``(iii) have experience managing oversight of large 
     organizations and expenditures; and
       ``(iv) be a full-time employee of the Committee.
       ``(C) Duties.--The Executive Director of the Committee 
     shall--
       ``(i) report directly to the Chairperson;
       ``(ii) appoint staff of the Committee, subject to the 
     approval of the Chairperson, consistent with this subsection;
       ``(iii) supervise and coordinate Committee functions and 
     staff; and
       ``(iv) perform any other duties assigned to the Executive 
     Director by the Committee.
       ``(D) Notice.--The Chairperson shall provide notice to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Accountability 
     of the House of Representatives when appointing or removing 
     the Executive Director of the Committee.
       ``(6) Prohibition on additional compensation.--Members of 
     the Committee may not receive additional compensation for 
     services performed.
       ``(7) Duties of the committee.--
       ``(A) In general.--The Committee shall conduct oversight of 
     covered funds and support Inspectors General in the oversight 
     of covered funds in order to--
       ``(i) detect and prevent fraud, waste, abuse, and 
     mismanagement; and
       ``(ii) identify major risks that cut across programs and 
     agency boundaries.
       ``(B) General functions.--The Committee, in coordination 
     with relevant Inspectors General, may--
       ``(i) provide support to, and collaborate with, relevant 
     Inspectors General in conducting investigations, audits, and 
     reviews relating to covered funds, including through--

       ``(I) data analytics;
       ``(II) the sharing of data, tools, and services;
       ``(III) the development and enhancement of data practices, 
     analysis, and visualization; and
       ``(IV) any other appropriate means as determined by the 
     Committee;

       ``(ii) provide analytical products to agencies, in 
     coordination with Inspectors General, to promote program 
     integrity, prevent improper payments, and facilitate 
     verification efforts to ensure proper expenditure and 
     utilization of covered funds;
       ``(iii) review the economy, efficiency, and effectiveness 
     in the administration of, and the detection of fraud, waste, 
     abuse, and mismanagement in, programs and operations using 
     covered funds;
       ``(iv) review whether there are appropriate mechanisms for 
     interagency collaboration relating to the oversight of 
     covered funds, including coordinating and collaborating to 
     the extent practicable with State and local government 
     entities; and
       ``(v) expeditiously report to the Attorney General any 
     instance in which the Committee has reasonable grounds to 
     believe

[[Page S5018]]

     there has been a violation of Federal criminal law.
       ``(C) Additional functions.--The Committee may provide 
     investigative support to prosecutive and enforcement 
     authorities to protect program integrity and prevent, detect, 
     and prosecute fraud of covered funds.
       ``(D) Reporting.--
       ``(i) Alerts.--The Committee shall submit to the President 
     and Congress, including the appropriate congressional 
     committees, management alerts on potential management, risk, 
     and funding problems that require immediate attention.
       ``(ii) Reports and updates.--The Committee shall submit to 
     Congress such other reports or provide such periodic updates 
     on the work of the Committee as the Committee considers 
     appropriate on the use of covered funds.
       ``(iii) Biannual reports.--The Committee shall submit 
     biannual reports to the President and Congress, including the 
     appropriate congressional committees, and may submit 
     additional reports as appropriate summarizing the findings of 
     the Committee and any recommended changes to the scope of 
     covered funds.
       ``(iv) Public availability.--All reports submitted under 
     this subparagraph shall be made publicly available and posted 
     on the website established under paragraph (16).
       ``(v) Redactions.--Any portion of a report submitted under 
     this paragraph may be redacted when made publicly available, 
     if that portion would disclose information that is not 
     subject to disclosure under sections 552 and 552a of this 
     title, or is otherwise prohibited from disclosure by law.
       ``(E) Recommendations.--
       ``(i) In general.--The Committee shall make recommendations 
     to agencies on measures to prevent or address fraud, waste, 
     abuse, and mismanagement, and to mitigate major risks that 
     cut across programs and agency boundaries, relating to 
     covered funds.
       ``(ii) Report.--Not later than 30 days after receipt of a 
     recommendation under clause (i), an agency shall submit a 
     report to the President and the appropriate congressional 
     committees on--

       ``(I) whether the agency agrees or disagrees with the 
     recommendations; and
       ``(II) any actions the agency will take to implement the 
     recommendations, which shall also be included in the report 
     required under section 2(b)(3) of the GAO-IG Act (31 U.S.C. 
     1105 note; Public Law 115-414).

       ``(8) Authorities.--
       ``(A) In general.--In carrying out the duties and functions 
     under this subsection with respect to the oversight of 
     covered funds, the Committee shall--
       ``(i) carry out those duties and functions in accordance 
     with section 404(b)(1) of this title;
       ``(ii) in coordination with relevant Inspectors General, 
     have the authorities provided under and be subject to 
     paragraphs (1) through (4) of subsection (a) and subsections 
     (h), (j), and (k) of section 406;
       ``(iii) be considered to be conducting civil or criminal 
     law enforcement activity for the purposes of section 
     552a(b)(7) of this title; and
       ``(iv) for the purposes of sections 552 and 552a of this 
     title, be considered to be a component which performs as its 
     principal function an activity pertaining to the enforcement 
     of criminal laws, and its records may constitute 
     investigatory material compiled for law enforcement purposes.
       ``(B) Limitation on subpoena authority.--When carrying out 
     subpoena authority under section 406(a)(4) of this title, the 
     following limitations shall apply to the Committee:
       ``(i) Any subpoena issued under this subsection shall be 
     signed by the Chairperson, and this power is non-delegable.
       ``(ii) On a quarterly basis, the Committee shall notify the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Accountability 
     of the House of Representatives of any subpoenas issued 
     during the preceding quarter.
       ``(iii) The authority to issue a subpoena under this 
     subsection shall terminate on the date that is 5 years after 
     the effective date of this subsection.
       ``(9) Refusal of information or assistance.-- Whenever 
     information or assistance requested by the Committee or an 
     Inspector General on the Committee is unreasonably refused or 
     not provided, the Committee shall immediately report the 
     circumstances to the appropriate congressional committees.
       ``(10) Use of existing resources.--The Committee shall 
     leverage existing information technology resources within the 
     Council, such as oversight.gov and those developed by the 
     Pandemic Response Accountability Committee established under 
     section 15010 of the CARES Act (Public Law 116-136; 134 Stat. 
     533), to carry out the duties of the Committee.
       ``(11) Contracts.--The Committee may enter into contracts 
     to enable the Committee to discharge its duties, including 
     contracts and other arrangements for audits, studies, 
     analyses, and other services with public agencies and with 
     private persons, and make such payments as may be necessary 
     to carry out the duties of the Committee.
       ``(12) Subcommittees.--The Committee may establish 
     subcommittees to facilitate the ability of the Committee to 
     discharge its duties.
       ``(13) Transfer of funds, assets, and obligations.--
       ``(A) Funds.--The Committee may transfer funds appropriated 
     to the Committee--
       ``(i) for expenses to support administrative support 
     services and audits, reviews, or other activities related to 
     oversight by the Committee of covered funds to any Office of 
     the Inspector General or the General Services Administration; 
     and
       ``(ii) to reimburse for services provided by the Council.
       ``(B) Assets and obligations.--
       ``(i) Assets defined.--In this subparagraph, the term 
     `assets' includes contracts, agreements, facilities, 
     property, data, records, unobligated or unexpended balances 
     of appropriations, and other funds or resources (other than 
     personnel).
       ``(ii) Transfer.--Upon the effective date of this 
     subsection, the assets and obligations held by or available 
     in connection with the Pandemic Response Accountability 
     Committee established under 15010 of the CARES Act (Public 
     Law 116-136; 134 Stat. 533) shall be transferred to the 
     Committee.
       ``(14) Additional staff.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Committee may exercise the authorities of subsections (b) 
     through (i) of section 3161 of this title (without regard to 
     subsection (a) of that section) to meet temporary or urgent 
     needs of the Committee under this subsection, as certified by 
     the Chairperson to the appropriate congressional committees 
     that such temporary or urgent needs exist, as if the 
     Committee were a temporary organization.
       ``(B) Head of organization.--For purposes of exercising the 
     authorities described in subparagraph (A), the term 
     `Chairperson' shall be substituted for the term `head of a 
     temporary organization'.
       ``(C) Consultation.--In exercising the authorities 
     described in subparagraph (A), the Chairperson shall consult 
     with members of the Committee.
       ``(D) Additional detailees.--In addition to the authority 
     provided by section 3161(c) of this title, upon the request 
     of an Inspector General, the Committee may detail, on a 
     nonreimbursable basis, any personnel of the Committee to that 
     Inspector General to assist in carrying out any audit, 
     review, or investigation pertaining to the oversight of 
     covered funds.
       ``(E) Limitations.--In exercising the employment 
     authorities under section 3161(b) of this title, as provided 
     under subparagraph (A) of this paragraph--
       ``(i) section 3161(b)(2) of this title (relating to periods 
     of appointments) shall not apply; and
       ``(ii) no period of appointment may exceed the date on 
     which the Committee terminates.
       ``(F) Competitive service.--A person employed by the 
     Committee shall acquire competitive status and conditional 
     tenure for appointment to any position in the competitive 
     service for which the employee possesses the required 
     qualifications upon the completion of 2 years of continuous 
     service as an employee under this subsection.
       ``(G) Annuitants.--
       ``(i) In general.--The Committee may employ annuitants 
     covered by section 9902(g) of this title for purposes of the 
     oversight of covered funds.
       ``(ii) Treatment of annuitants.--The employment of 
     annuitants under this paragraph shall be subject to the 
     provisions of section 9902(g) of this title, as if the 
     Committee were the Department of Defense.
       ``(15) Provision of information.--
       ``(A) Requests.--Upon request of the Committee for 
     information or assistance from any agency or other entity of 
     the Federal Government, the head of such entity shall, 
     insofar as is practicable and not in contravention of any 
     existing law, and consistent with section 406 of this title, 
     furnish such information or assistance to the Committee, or 
     an authorized designee, including an Inspector General 
     designated by the Chairperson.
       ``(B) Inspectors general.--Any Inspector General 
     responsible for conducting oversight related to covered funds 
     may, consistent with the duties, responsibilities, policies, 
     and procedures of the Inspector General, provide information 
     requested by the Committee or an Inspector General on the 
     Committee relating to the responsibilities of the Committee.
       ``(16) Website.--
       ``(A) In general.--Not later than 30 days after the 
     effective date of this subsection, the Committee shall 
     establish and maintain a user-friendly, public-facing 
     website--
       ``(i) to foster greater accountability and transparency in 
     the use of covered funds, which shall have a uniform resource 
     locator that is descriptive and memorable; and
       ``(ii) that shall be a portal or gateway to key information 
     relating to the oversight of covered funds and provide 
     connections to other Government websites with related 
     information.
       ``(17) Coordination.--The Committee shall coordinate its 
     oversight activities with the Comptroller General of the 
     United States and State auditors.
       ``(18) Notice.--The Chairperson shall provide notice to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Oversight and Accountability 
     of the House of Representatives when designating or removing 
     an Inspector General from the membership of the Committee 
     under paragraph (4).
       ``(19) Rules of construction.--Nothing in this subsection 
     shall be construed to--
       ``(A) affect the independent authority of an Inspector 
     General to determine whether to conduct an audit or 
     investigation of covered funds; or

[[Page S5019]]

       ``(B) require the Council or any Inspector General to 
     provide funding to support the activities of the Committee.
       ``(20) Authorization of appropriations.--
       ``(A) In general.--For the purposes of carrying out the 
     mission of the Committee under this subsection, there are 
     authorized to be appropriated $17,000,000 for each of fiscal 
     years 2026 and 2027 to carry out the duties and functions of 
     the Committee.
       ``(B) Report to congress.--Not later than 1 year after the 
     effective date of this subsection, the Chairperson shall 
     submit to the appropriate congressional committees a report 
     that details the anticipated future budgetary needs of the 
     Committee.''.
       (b) Effective Date.--This section and the amendments made 
     by this section shall take effect on September 30, 2025.
                                 ______